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TOPIC: dla review flawed advice required @ motability car

dla review flawed advice required @ motability car 6 years 3 months ago #67539

  • earthspirit
just joined this group in the hope that i can get some help and resolution.
my problems seem eternal and had enough of bang bang bang bang of head against brick wall.
i have been registered as disabled since 1998 and was awarded highest rate mobility and lowest in care since around 2002.
i have had rheumatoid arthritis since probably 1980s as per medical records, possibly while i was in my 20s but possibly even juvenile RA from much earlier.
my dla higher rate motability was paid not because of my legs making me unable to walk but due to aggravation of a broken neck & severed main arterty at back of neck. original injury caused during attempted murder in 1988 but despite severity was undiagnosed until minor car accident in 1998.

my problem with walking is not the legs but of the neck, motion of my neck is like being on a fairground ride at fast speed and i have learnt how to adapt to all of this over the years, even to the extent of having test driven 56 different cars of all descriptions.
the diagnosis of RA only came after feb this year when i had an emergency admission to hospital with hands stuck rigid and blown up like sausages twice the size of normal. untreated would have led to amputation. this is only an incredibly brief outline of medical issues but i am now unable to care for myself and my flare has remained with no relief from the sysmptoms apart from a week to 10 days when a steroid injection gave me pain relief which also helped my neck in ways i had not felt for over 20 years.

i have full medical evidence supporting me but this was not submitted correctly by the doctor who completed the tick box form. she had only briefly ever seen me twice, when i again was admitted to hospital as an emergency for a problem in my throat and breathing, caused by the broken neck.

i have moved from my own regular doctor as i am a carer for a person with terminal liver disease in another area and so was not regularly seen by any doctor who had really got to know me.

my dla claim needed resubmitted by last august but they did not receive and an additional claim done online was also not received (a known technical issue where forms are classed as incomplete and not received) they finally got my claim in february of this year.

my claim was denied based mainly on the fact that the doctors info did not indicate any issues fitting dla criteria for help. as ive said, the dr who completed had only seen me twice.
during all those months i have had very antagonistic dealings with motability operations who wanted back their car. it was actually snatched back from auctions following a letter from my solicitor. i have been paying £200 myself every month as my contribution towards the contract hire (not dla money but my own borrowed money)

i phoned dla and advised that i wanted a review stating that dr info not correct and they advised would contact doctor themselves and do a review. the reply was that claim still not allowed as no medical evidence to support my claim and i asked them why they had used old info rather than the new doctors report. they said i should appeal if i was not happy.

the way i see it, the review is flawed as its not based on the info which should have been supplied in order to make a correct review.

so keep in mind i have had no benefit for over 12 months and ive been paying for car with my own money. i have contacted solicitors, citizens advice, welfare rights and my local MP and still banging my head off the wall.

i am getting an appeal and have insisted on a medical examination and am preparing far far more than extra doctor report. my dr has stated that i should receive the highest rate for mobility and highest for care, increased from the lower rate from february when the RA took hold big time. as well as fighting for my claim i am trying to hold on to my car, for which i paid a large deposit and had intended to purchase at the end of the contract hire. my appeal is around 10 weeks away. motability want the car back now (again) despite the fact that i know of other people who have been allowed to keep cars, including during doubtful cases, right up to the point of appeal decision. i have not found one single person who has actually paid a penny to motability during this period and i have paid out £1200 approx to keep myself mobile and am prepared to keep paying this money but to no avail.
it was during writing a letter under extreme distress which seemed to activate the RA in my hands and i actually stated this during the writing of the letter. i did not know it was RA but the effort of typing caused this "flare" and its stuck since feb.
my main concern right at this moment is getting motability to allow me to keep car until appeal has been heard. without the car i am unable to go out full stop. even indoors i am at danger of falling and right now suffering a huge burn to the back of my arm, blistered, as a result of falling while trying to pour boiling water in a cup and having to use my arm to stop the water pouring over my body. i had to use the back of my arm to balance the scalding kettle. had i dropped it, in the position i had fallen in, it would have poured over my shoulder chest and stomach. my "outside" life has been seriously limited for over 10 years due to this problem. i dont have a social life, but driving is a great pleasure and is my social life and also lifeline to the world. i am a useless passenger on any public transport and in taxi cabs. i can drive because i have the right car for my needs and also holding the steering wheel keeps my arms at the right level to make me "rigid" and not move my neck.
this is longer than longer and im only skimming here!
any help on what to do about car really would be appreciated! :S
The topic has been locked.

dla review flawed advice required @ motability car 6 years 3 months ago #67551

  • earthspirit
i made a long post on this and its vanished - any help please?
The topic has been locked.

Re:dla review flawed advice required @ motability car 6 years 3 months ago #67552

earthspirit wrote:

i made a long post on this and its vanished - any help please?


Please bare with us, there is no need to repost the same post, we now have 6 copies of the same post awaiting moderation and approval.

cheers

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The topic has been locked.

Re:dla review flawed advice required @ motability car 6 years 3 months ago #67557

earthspirit wrote:

just joined this group in the hope that i can get some help and resolution.
my problems seem eternal and had enough of bang bang bang bang of head against brick wall.
i have been registered as disabled since 1998 and was awarded highest rate mobility and lowest in care since around 2002.
i have had rheumatoid arthritis since probably 1980s as per medical records, possibly while i was in my 20s but possibly even juvenile RA from much earlier.
my dla higher rate motability was paid not because of my legs making me unable to walk but due to aggravation of a broken neck & severed main arterty at back of neck. original injury caused during attempted murder in 1988 but despite severity was undiagnosed until minor car accident in 1998.

my problem with walking is not the legs but of the neck, motion of my neck is like being on a fairground ride at fast speed and i have learnt how to adapt to all of this over the years, even to the extent of having test driven 56 different cars of all descriptions.
the diagnosis of RA only came after feb this year when i had an emergency admission to hospital with hands stuck rigid and blown up like sausages twice the size of normal. untreated would have led to amputation. this is only an incredibly brief outline of medical issues but i am now unable to care for myself and my flare has remained with no relief from the sysmptoms apart from a week to 10 days when a steroid injection gave me pain relief which also helped my neck in ways i had not felt for over 20 years.

i have full medical evidence supporting me but this was not submitted correctly by the doctor who completed the tick box form. she had only briefly ever seen me twice, when i again was admitted to hospital as an emergency for a problem in my throat and breathing, caused by the broken neck.

i have moved from my own regular doctor as i am a carer for a person with terminal liver disease in another area and so was not regularly seen by any doctor who had really got to know me.

my dla claim needed resubmitted by last august but they did not receive and an additional claim done online was also not received (a known technical issue where forms are classed as incomplete and not received) they finally got my claim in february of this year.

my claim was denied based mainly on the fact that the doctors info did not indicate any issues fitting dla criteria for help. as ive said, the dr who completed had only seen me twice.
during all those months i have had very antagonistic dealings with motability operations who wanted back their car. it was actually snatched back from auctions following a letter from my solicitor. i have been paying £200 myself every month as my contribution towards the contract hire (not dla money but my own borrowed money)

i phoned dla and advised that i wanted a review stating that dr info not correct and they advised would contact doctor themselves and do a review. the reply was that claim still not allowed as no medical evidence to support my claim and i asked them why they had used old info rather than the new doctors report. they said i should appeal if i was not happy.

the way i see it, the review is flawed as its not based on the info which should have been supplied in order to make a correct review.

so keep in mind i have had no benefit for over 12 months and ive been paying for car with my own money. i have contacted solicitors, citizens advice, welfare rights and my local MP and still banging my head off the wall.

i am getting an appeal and have insisted on a medical examination and am preparing far far more than extra doctor report. my dr has stated that i should receive the highest rate for mobility and highest for care, increased from the lower rate from february when the RA took hold big time. as well as fighting for my claim i am trying to hold on to my car, for which i paid a large deposit and had intended to purchase at the end of the contract hire. my appeal is around 10 weeks away. motability want the car back now (again) despite the fact that i know of other people who have been allowed to keep cars, including during doubtful cases, right up to the point of appeal decision. i have not found one single person who has actually paid a penny to motability during this period and i have paid out £1200 approx to keep myself mobile and am prepared to keep paying this money but to no avail.
it was during writing a letter under extreme distress which seemed to activate the RA in my hands and i actually stated this during the writing of the letter. i did not know it was RA but the effort of typing caused this "flare" and its stuck since feb.
my main concern right at this moment is getting motability to allow me to keep car until appeal has been heard. without the car i am unable to go out full stop. even indoors i am at danger of falling and right now suffering a huge burn to the back of my arm, blistered, as a result of falling while trying to pour boiling water in a cup and having to use my arm to stop the water pouring over my body. i had to use the back of my arm to balance the scalding kettle. had i dropped it, in the position i had fallen in, it would have poured over my shoulder chest and stomach. my "outside" life has been seriously limited for over 10 years due to this problem. i dont have a social life, but driving is a great pleasure and is my social life and also lifeline to the world. i am a useless passenger on any public transport and in taxi cabs. i can drive because i have the right car for my needs and also holding the steering wheel keeps my arms at the right level to make me "rigid" and not move my neck.
this is longer than longer and im only skimming here!
any help on what to do about car really would be appreciated! :S


Hi ES,

As your post was so long and without any paragraphs or line spacing, it makes it very difficult to read in the moderation section as it appears as one solid block of text.

Can you please try and make your posts a little shorter in future, with some spacing between the line of text.

With regard to your problems, I totally sympathise.

It would seem that your question is relating to your motability car.

As a site we only offer advice on DLA, IB, ESA, and related benefits.

It seems that you have already sought out help with this issue from various other sources, to no avail.

Unfortunately I myself can not offer any helpful advice re : you Motability car issues.

Maybe another member, or Moderator can help further.

kind regards

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58. Reason: word repetition
The topic has been locked.

Re:dla review flawed advice required @ motability car 6 years 3 months ago #67563

Hi ES,

As the root of your problems with your Motability car seems to stem from your loss of Mobility Component DLA, have a look at the very extensive guides on DLA, and Appeals.

These can be accessed via the orange MEMBER ONLY box on the left.

If you then have any particular questions re : DLA or Appealing, you can come back to the forum, and we will try our best to help.

cheers

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The topic has been locked.

Re:dla review flawed advice required @ motability car 6 years 3 months ago #67567

  • originaldave
Like the bro58s post, I too totally sympathise with your problems, and hope you are able to sort something out with expert advice, I see one problem which is not what you want to hear..how does the statments below that you make ........

"i have moved from my own regular doctor as i am a carer for a person with terminal liver disease in another area and so was not regularly seen by any doctor who had really got to know me."

you also say

"i am now unable to care for myself " ?

Is this whats caused problems with the dla unit ?

good luck confused dave

:)
The topic has been locked.
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Moderators: bro58GordonMrs Hurtyback